Zabriskie v. . Smith
New York Court of Appeals
Appeal from a judgment of the superior court of the city of New-York. The action was commenced in November, 1852. The plaintiffs, Zabriskie, Buckley and Hunter, in their complaint, stated that in the year 1848 they and one Gray were copartners as dry goods jobbers, in the city of New-York, under the firm name of John A. C. Gray & Co., and that as such copartners, they in that year sold to one Walter H. Smith goods to the amount of $3350.20, at different times, as follows :…
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Appeal from a judgment of the superior court of the city of New-York. The action was commenced in November, 1852. The plaintiffs, Zabriskie, Buckley and Hunter, in their complaint, stated that in the year 1848 they and one Gray were copartners as dry goods jobbers, in the city of New-York, under the firm name of John A. C. Gray & Co., and that as such copartners, they in that year sold to one Walter H. Smith goods to the amount of $3350.20, at different times, as follows : April 25th, to the amount of $831.76 ; April 28th, $23.96 ; May 22d, $89.10 ; July 3d. $45.93; August 6th, $165.47;…
1Opinion of the Court · DenioDenio, J.
The questions of law arising upon this appeal appear to be the following : 1. Whether the complaint sets forth a cause of action ; 2. Whether the evidence on the part of the plaintiffs, standing uncontradicted, made out a case suitable to be submitted to the jury, or whether, on the contrary, they ought to have been nonsuited; 3. Whether the sales of goods made by the plaintiffs to Walter H. Smith, subsequent to April, 1848, were so far out of the influence of the alleged false representation that the consideration of them should have been taken from the jury ; 4. Whether the interest of John…
Also in this document: Opinion of the Court · Hand.
2Cases cited11 opinions
- Comegys v. VasseSupreme Court of the United States · 1828
- Leggett v. . HydeNew York Court of Appeals · 1874
- Haight v. . HaytNew York Court of Appeals · 1859
- Gillet v. FairchildNew York Supreme Court · 1847
- Murray v. MumfordNew York Supreme Court · 1826
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3Cited by137 opinions
- Marie v. . GarrisonNew York Court of Appeals · 1880
- Sage v. . CulverNew York Court of Appeals · 1895
- Condon v. Associated Hospital ServiceNew York Court of Appeals · 1942
- Picadilly, Inc. v. RaikosIndiana Supreme Court · 1991
- Hegerich v. . KeddieNew York Court of Appeals · 1885
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